At EAS Legal, we recently represented a 40-year-old male client before the Wyndham Magistrates’ Court who was facing extremely serious family violence charges, including allegations of choking and strangulation.
Allegations of this nature are treated with the utmost seriousness by Victorian courts and routinely result in remand in custody and, if proven, lengthy terms of imprisonment. At the time our office was engaged, our client was already in custody and facing the very real prospect of a substantial jail sentence.
Our team immediately undertook a forensic review of the prosecution brief, carefully analysing the evidence said to support the strangulation allegations. Through this process, we identified significant weaknesses in how the most serious aspects of the case had been framed.
We then engaged in detailed and robust negotiations with the prosecution, challenging the sustainability of the strangulation allegations and advocating for the charges to properly reflect the evidence.
As a result of this advocacy, we were able to:
Once the charges were downgraded, the Court accepted that continued detention was no longer justified. As a result, Our client was released from custody.
This was an outstanding result, particularly given that strangulation-related family violence charges almost invariably result in continued custody and prison sentences.
Family violence matters involving allegations of strangulation are among the most aggressively prosecuted offences in Victoria. Achieving a result where:
is rare and highlights the importance of engaging experienced family violence defence lawyers who know how to challenge evidence and negotiate effectively with the prosecution.
At EAS Legal, we specialise in defending clients charged with serious family violence offences, including strangulation, choking, and assault allegations.
We appear regularly in the Wyndham Magistrates’ Court and across Victoria, fighting to protect our clients’ freedom, rights, and future.
